Rules in Development - Rulemaking Detail
|Authority:||Air Pollution Control Program|
|Rule Number:||10 CSR 010-05.220|
|Rule Name:||Control of Petroleum Liquid Storage, Loading and Transfer|
|Rule Action Type:||Rescission|
|Regulatory Impact Report:||N/A|
Abstract Short: This St. Louis area gasoline vapor recovery rule is being rescinded.
Missouri Department of Natural Resources
Air Pollution Control Program
This rulemaking is on hold indefinitely.
1.What is the purpose of this proposed rulemaking?
The purpose of this rule action is to consolidate the two existing petroleum liquid storage, loading and transfer rules 10 CSR 10-2.260 and 10 CSR 10-5.220 rules into a single rule. In addition, rule requirements are being clarified for consistency between existing St. Louis and Kansas City rule requirements as well as federal gasoline distributing and dispensing rules. The new consolidated rule will include requiring Missouri Performance Evaluation Test Procedures (MOPETP) approval for Stage I equipment in Kansas City to meet federal gasoline distributing and dispensing requirements. This rule action will also remove uncertainty for enforcement actions.
In addition, other nonsubstantive clarification/error correction modifications deemed necessary during the rulemaking developmental process will be included.
2.Why is the rulemaking being proposed now?
This rulemaking was prompted as a result of meetings with the Missouri Petroleum Marketers and Convenience Store Association and resulted in Stage I/II Vapor Recovery Workgroup meetings between the stakeholders, the Air Pollution Control Program, local agencies and the departments regional offices to discuss issues concerning making these rules easier to understand. These discussions resulted in consensus for consolidating the two area specific St. Louis and Kansas City rules into one rule.
3.Will the rulemaking incorporate any document by reference, rather than state the language within the rulemaking?
4.Does this rulemaking prescribe environmental standards, limits or conditions and is a Regulatory Impact Report required for this rulemaking?
Yes, this rulemaking prescribes environmental conditions or standards for gasoline distribution and dispensing facilities and will require a Regulatory Impact Report.
5.What authority does DNR have to carry out this rulemaking?
Section 643.050, RSMo, Powers and duties of commission, provides the commission shall have the power to adopt, promulgate, amend, and repeal rules and regulations consistent with the general intent and purposes of sections 643.010 to 643.190, RSMo and chapter 536, RSMo.
Section 643.055, RSMo, Commission may adopt rules for compliance with federal law, provides the commission shall have authority to promulgate rules and regulations to establish standards and guidelines to ensure the state is in compliance with the provisions of the federal Clean Air Act. The state is prohibited from being stricter than the federal Clean Air Act except for nonattainment and maintenance areas.
6.What does the rulemaking require and how does it produce benefits?
This rulemaking consolidates the two existing petroleum liquid storage, loading and transfer rules 10 CSR 10-2.260 and 10 CSR 10-5.220 rules into a single rule. This new rule will require MOPETP approval for Stage I equipment in Kansas City. The rulemaking will also remove uncertainty for enforcement actions.
7.Who is most likely affected by the rulemaking?
Gasoline distribution and dispensing installations throughout the St. Louis and Kansas City metropolitan areas will be affected by this rulemaking.
8.What impact will the proposed rulemaking have on small businesses? (A small business is defined as a for-profit enterprise with fewer than 100 full or part-time employees.)
Phasing in enhanced vapor recovery and Stage I system and testing requirements regarding MOPETP/CARB EVR could impact small businesses by changing gasoline distributing and dispensing requirements. These impacts will be clearly identified in the rulemaking process.
9.What are the probable costs for the department or any other public agency in the implementation and enforcement of the rulemaking?
State and Local Agency/Government fleet fueling facilities (MODOT, City Fleets, etc) in the Kanasas City area will be required to use MOPETP approved Stage I equipment and implement the revised distributing and dispensing requirements. Kansas City regional office and local air agency will incur costs to assure compliance/enforcement with implementing additional regulatory requirements. The public entity costs to implement this rule will be addressed in a public entity fiscal note that will be filed with this rulemaking.
10.What is the anticipated effect of the rulemaking on state revenue?
The proposed rulemaking is not expected to affect state revenue.
11.Who was/will be involved in developing the rulemaking?
Workgroup meetings were convened to assist in developing this rulemaking. Stakeholder participants in these workgroup meetings included the Missouri Petroleum Marketers and Convenient Store Association, gasoline dispensing installations throughout the St. Louis and Kansas City metropolitan areas, the Alliance of Automobile Manufacturers, local agencies and the department's Air Pollution Control Program and regional offices.
In addition to the workgroup involvement, the rulemaking has been discussed with the Small Business Compliance Advisory Committee, the St. Louis Air Quality Advisory Committee, the Kansas City Air Quality Forum and the Air Program Advisory Forum.
The draft rule text will also be provided to the U.S. Environmental Protection Agency for review to assure that there are no approvability issues that would prevent it from being included in the Missouri State Implementation Plan.
12.How has/will the development of the rulemaking been/be shared with interested parties and the public at large?
A Regulatory Impact Report and the draft rule text will be posted on the program website and made available for comment for 60 days. In addition, the normal rule amendment process will be followed: publication in the Missouri Register, public hearing, MACC adoption, order of rulemaking, and publication in the Code of State Regulation.
13.Who may I contact to either ask questions or provide input on this rulemaking?
Questions and/or comments can be sent to:
Chief, Operations Section
Missouri Department of Natural Resources’ Air Pollution Control Program
P.O. Box 176
Jefferson City, MO 65102-0176
Missouri Air Conservation Commission
P.O. Box 176
Jefferson City, MO 65102-0176
or call: (573) 751-4817
14.What is the expected calendar for this rulemaking, particularly the dates for the comment period and public hearing?
A tentative filing of the proposed rulemaking is expected January 2011 and a public hearing on March 2011. The comment period will begin after the rulemaking is filed and end seven (7) days after the public hearing.